IN THE CASE OF:	Mr. 

      BOARD DATE:	24 September 2014

      CASE NUMBER:	AR20130013706
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service and his ongoing post-service accomplishments, and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.  




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable.  

2.  The applicant provided in his extensive self-authored, in pertinent part and in effect, that he requests an upgrade because he served honorably during his two consecutive deployment tours in Afghanistan in a unit with 10th Mountain Division and third deployment tour with a unit in 1st Armored Division, and his desire to pursue employment in law enforcement field prefers an honorable discharge.  He provided a detailed personal account of his military service and his deployment tours as justification for his request for an upgrade.  He describes his first deployment tour as completing it alive, but scarred.  Upon that redeployment, he did not know how to readjust to bills, family, and normal social environments and begged his squad leader to send him back.  He adds that prior to the redeployment, his family life took a turn for the worse, but he never lost sight of his mission as a Soldier.  His second tour was even worst.  His last tour was the most difficult combat tour, and the last month of the tour started to get to him.  When he redeployed from the last tour, he was unable to reintegrate back into society and his marriage came to an end.  He contends he earned his honorable discharge three times over, if not more, for having served his country well during the three combat tours.  He states he was never in any trouble his entire military career up until the last two months.  He provides a detailed account of the events that led to receiving and the administration of an Article 15, which he describes as completely misconstrued.  He declined an offer for a trial because he did not want to get an early discharge, should he be found guilty for some unjust reason.  He simultaneously dealt with his father who was in hospice and subsequently deceased.  He concludes he is currently in the last semester of college upholding a 3.5/3.0 GPA and faced with multiple prospects of a career path.  However, having a strong desire to pursue civil service with the police, sheriffs, or fire department; paths which require a veteran with an honorable discharge.  His request is for an upgrade because he believes he deserves and earned an honorable discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 July 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	4 May 2007
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Ch 5-17,
			JFV, RE-3
	e.	Unit of assignment:	B Co, 1st Bn, 6th IN Rgmt, 2nd BCT, 1st AD, 
			Baumholder, Germany
	f.	Current Enlistment Date/Term:	8 March 2006, 5 years
	g.	Current Enlistment Service:	1 year, 1 month, 27 days
	h.	Total Service:	6 years, 0 months, 15 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (010420-030928) / HD
			RA (030929-060307) / HD
	k.	Highest Grade Achieved:	E-5
	l.	Military Occupational Specialty:	11B10, Infantryman
	m.	GT Score:	88
	n.	Education:	GED
	o.	Overseas Service:	Germany, SWA
	p.	Combat Service:	Iraq (060414-061115), Kuwait (051117-060413); 
			Afghanistan (030701-040801), (011001-020401)
	q.	Decorations/Awards:	ARCOM; AAM; AGCM; NDSM; ACM; ICM; 
			GWOTEM; GWOTSM; AS; OSR-2; VUA; CIB
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 20 April 2001, and reenlisted twice.  The latter reenlistment was on 8 March 2006, for a period of 5 years.  He was 21 years old at the time of entry and had a high school equivalency (GED).  He served in Germany, Iraq, and Afghanistan.  He earned an ARCOM and an AAM.  He completed 6 years and 15 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 9 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, for being diagnosed by competent medical authority of other designated mental condition (061019), specifically with Post-Traumatic Stress Disorder (PTSD) complicated by personality disorder traits consistent with antisocial behavior and manifested in recent misconduct to include physical fighting, violation of regulations, impulsivity, and failure to sustain consistent work behavior.  The unit commander added the following specific reasons for the proposed separation action:

	a.	being drunk and disorderly (060928);
	b.	failing to go at the time prescribed to his appointed place of duty (061013);
	c.	failing to overcome deficiencies as of (061129); 
	d.	having trouble concentrating on extremely low level taskings and being unable to focus or follow simple instructions; and
	e.	as an 11B, Infantry Soldier, his inability to carry or handle a weapon potentially impacts his ability to be an effective Soldier, and potentially interferes with assignment to future duties to include deployment. 

2.  The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  Subsequently, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted statements rendered on his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  

4.  On 3 April 2007, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 4 May 2007, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 28 November 2006, for failing to report to his appointed place of duty at the prescribed time (061013), drunk and disorderly (060928), filed with its associated documents.  The punishment consisted of reduction to the grade of E-4, forfeiture of $967 per month for two months (suspended), 45 days of extra duty and restriction, (FG). 

2.  Seven negative counseling statements dated between 13 October 2006 and 29 November 2006, for being considered for separation and after being determined PTSD as a factor in his performance, he was still failing to improve in any aspect; failing to be at his appointed place of duty at the prescribed time; dereliction of duty; being suspected of committing an assault; drunk and disorderly; and communicating a threat.

3.  One “Annual” NCOER covering the period of September 2006 to October 2005.  The applicant was rated as “Fully Capable” and received 2/2 from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided with his self-authored statement, dated 20 January 2011, three statements in support of his request.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he is currently in the last semester of college upholding a 3.5/3.0 GPA; he has volunteered in a presidential campaign; he was a delegate to the Republican State Convention; he ran for precinct chairmen of his district; he was a member of the veteran’s board for a political candidate; he is a member of the Campaign for Liberty, We Are Change, Republican Party of Texas, Republicans Men’s Club, and the John Birch Society; since his discharge, he has striven to better himself and his community; he is married to a very supportive, highly educated woman who helped him reintegrate into the civilian world; and he is now faced with multiple prospects of a career path and has a strong drive to pursue a path in civil service. 


REGULATORY AUTHORITY:

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  

3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17, unless properly notified of the specific factors in the service that warrant such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to fully honorable for the following reasons:  

	a.	Length and quality of service:  The applicant served 6 years and 15 days with three periods of enlistments, thus the preponderance of his service was honorable.

	b.	The record confirms the applicant received an ARCOM and an AAM, and a CIB.

	c.	His four deployments within the six-year period of service; wherein, he served in three combat tours, two in Afghanistan and one in Iraq, and a tour in Kuwait.

	d.	The applicant’s post-service accomplishments, as provided in his self-authored statement, indicate he is a semester from completing a college degree with a 3-5/3.0 GPA and would be pursuing a civil service employment.  He is also involved in several community/political organizations, either as a member or volunteer.

	e.	His supporting statements confirm his outstanding service during his combat tours, and most importantly, his unit commander who initiated his separation proceedings has provided a recommendation/support that he now believes the applicant deserves an upgrade due to the extenuating/mitigating circumstances that led to his separation, but specifically, his post-service accomplishments.  

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4.  Furthermore, the applicant contends he is faced with multiple prospects regarding the career path he should take as he is a semester from graduating from college, and has a strong desire to pursue civil service in departments that share a commonality for a veteran with an honorable discharge.  He also provided a list of being involved in several prominent organizations since his discharge.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge.  However, the Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to fully honorable.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  24 January 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA



















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130013706

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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